S 1021.Temporary removal with consent. A peace officer, acting
pursuant to his or her special duties, or a police officer or an agent
of a duly authorized agency, association, society or institution may
temporarily remove a child from the place where he or she is residing
with the written consent of his or her parent or other person legally
responsible for his or her care, if the child is suspected to be an
abused or neglected child under this article. The officer or agent
shall, coincident with consent or removal, give written notice to the
parent or other person legally responsible for the child's care of the
right to apply to the family court for the return of the child pursuant
to section one thousand twenty-eight of this article, and of the right
to be represented by counsel and the procedures for those who are
indigent to obtain counsel in proceedings brought pursuant to this
article. Such notice shall also include the name, title, organization,
address and telephone number of the person removing the child; the name,
address and telephone number of the authorized agency to which the child
will be taken, if available; and the telephone number of the person to
be contacted for visits with the child. A copy of the instrument whereby
the parent or legally responsible person has given such consent to such
removal shall be appended to the petition alleging abuse or neglect of
the removed child and made a part of the permanent court record of the
proceeding. A copy of such instrument and notice of the telephone number
of the child protective agency to contact to ascertain the date, time
and place of the filing of the petition and of the hearing that will be
held pursuant to section one thousand twenty-seven of this article shall
be given to the parent or legally responsible person. Unless the child
is returned sooner, a petition shall be filed within three court days
from the date of removal. In such a case, a hearing shall be held no
later than the next court day after the petition is filed and findings
shall be made as required pursuant to section one thousand twenty-seven
of this article.
S 1022.Preliminary orders of court before petition filed. (a) (i) The
family court may enter an order directing the temporary removal of a
child from the place where he or she is residing before the filing of a
petition under this article, if (A) the parent or other person legally
responsible for the child's care is absent or, though present, was asked
and refused to consent to the temporary removal of the child and was
informed of an intent to apply for an order under this section and of
the information required by section one thousand twenty-three of this
part; and
(B) the child appears so to suffer from the abuse or neglect of his or
her parent or other person legally responsible for his or her care that
his or her immediate removal is necessary to avoid imminent danger to
the child's life or health; and
(C) there is not enough time to file a petition and hold a preliminary
hearing under section one thousand twenty-seven of this part.
(ii) When a child protective agency applies to a court for the
immediate removal of a child pursuant to this subdivision, the court
shall calendar the matter for that day and shall continue the matter on
successive subsequent court days, if necessary, until a decision is made
by the court.
(iii) In determining whether temporary removal of the child is
necessary to avoid imminent risk to the child's life or health, the
court shall consider and determine in its order whether continuation in
the child's home would be contrary to the best interests of the child
and where appropriate, whether reasonable efforts were made prior to the
date of application for the order directing such temporary removal to
prevent or eliminate the need for removal of the child from the home. If
the court determines that reasonable efforts to prevent or eliminate the
need for removal of the child from the home were not made but that the
lack of such efforts was appropriate under the circumstances, the court
order shall include such a finding.
(iv) If the court determines that reasonable efforts to prevent or
eliminate the need for removal of the child from the home were not made
but that such efforts were appropriate under the circumstances, the
court shall order the child protective agency to provide or arrange for
the provision of appropriate services or assistance to the child and the
child's family pursuant to section one thousand fifteen-a of this
article or subdivision (c) of this section.
(v) The court shall also consider and determine whether imminent risk
to the child would be eliminated by the issuance of a temporary order of
protection, pursuant to section one thousand twenty-nine of this part,
directing the removal of a person or persons from the child's residence.
(vi) Any order directing the temporary removal of a child pursuant to
this section shall state the court's findings with respect to the
necessity of such removal, whether the respondent was present at the
hearing and, if not, what notice the respondent was given of the
hearing, whether the respondent was represented by counsel, and, if not,
whether the respondent waived his or her right to counsel.
(vii) At the conclusion of a hearing where it has been determined that
a child should be removed from his or her parent or other person legally
responsible, the court shall set the date certain for an initial
permanency hearing pursuant to paragraph two of subdivision (a) of
section one thousand eighty-nine of this act. The date certain shall be
included in the written order issued pursuant to subdivision (b) of this
section and shall set forth the date certain scheduled for the
permanency hearing.
(b) Any written order pursuant to this section shall be issued
immediately, but in no event later than the next court day following the
removal of the child. The order shall specify the facility to which the
child is to be brought. Except for good cause shown or unless the child
is sooner returned to the place where he or she was residing, a petition
shall be filed under this article within three court days of the
issuance of the order. The court shall hold a hearing pursuant to
section one thousand twenty-seven of this part no later than the next
court day following the filing of the petition if the respondent was not
present, or was present and unrepresented by counsel, and has not waived
his or her right to counsel, for the hearing pursuant to this section.
(c) The family court, before the filing of a petition under this
article, may enter an order authorizing the provision of services or
assistance, including authorizing a physician or hospital to provide
emergency medical or surgical procedures, if (i) such procedures are
necessary to safeguard the life or health of the child; and
(ii) there is not enough time to file a petition and hold a
preliminary hearing under section one thousand twenty-seven. Where the
court orders a social services official to provide or contract for
services or assistance pursuant to this section, such order shall be
limited to services or assistance authorized or required to be made
available pursuant to the comprehensive annual services program plan
then in effect.
(d) The person removing the child shall, coincident with removal, give
written notice to the parent or other person legally responsible for the
child's care of the right to apply to the family court for the return of
the child pursuant to section one thousand twenty-eight of this act, the
name, title, organization, address and telephone number of the person
removing the child, the name and telephone number of the child care
agency to which the child will be taken, if available, the telephone
number of the person to be contacted for visits with the child, and the
information required by section one thousand twenty-three of this act.
Such notice shall be personally served upon the parent or other person
at the residence of the child provided, that if such person is not
present at the child's residence at the time of removal, a copy of the
notice shall be affixed to the door of such residence and a copy shall
be mailed to such person at his or her last known place of residence
within twenty-four hours after the removal of the child. If the place of
removal is not the child's residence, a copy of the notice shall be
personally served upon the parent or person legally responsible for the
child's care forthwith, or affixed to the door of the child's residence
and mailed to the parent or other person legally responsible for the
child's care at his or her last known place of residence within
twenty-four hours after the removal. The form of the notice shall be
prescribed by the chief administrator of the courts.
(e) Nothing in this section shall be deemed to require that the court
order the temporary removal of a child as a condition of ordering
services or assistance, including emergency medical or surgical
procedures pursuant to subdivision (c) of this section.
(f) The court may issue a temporary order of protection pursuant to
section ten hundred twenty-nine of this article as an alternative to or
in conjunction with any other order or disposition authorized under this
section.
S 1022-a.Preliminary orders; notice and appointment of counsel. At a
hearing held pursuant to section ten hundred twenty-two of this act at
which the respondent is present, the court shall advise the respondent
of the allegations in the application and shall appoint counsel for the
respondent pursuant to section two hundred sixty-two of this act where
the respondent is indigent.
S 1023.Procedure for issuance of temporary order. Any person who may
originate a proceeding under this article may apply for, or the court on
its own motion may issue, an order of temporary removal under section
one thousand twenty-two or one thousand twenty-seven or an order for the
provision of services or assistance, including emergency medical or
surgical procedures pursuant to subdivision (c) of section one thousand
twenty-two, or a temporary order of protection pursuant to section ten
hundred twenty-nine. The applicant or, where designated by the court,
any other appropriate person, shall make every reasonable effort, with
due regard for any necessity for immediate protective action, to inform
the parent or other person legally responsible for the child's care of
the intent to apply for the order, of the date and the time that the
application will be made, the address of the court where the application
will be made, of the right of the parent or other person legally
responsible for the child's care to be present at the application and at
any hearing held thereon and, of the right to be represented by counsel,
including procedures for obtaining counsel, if indigent.
S 1024.Emergency removal without court order. (a) A peace officer,
acting pursuant to his or her special duties, police officer, or a law
enforcement official, or a designated employee of a city or county
department of social services shall take all necessary measures to
protect a child's life or health including, when appropriate, taking or
keeping a child in protective custody, and any physician shall notify
the local department of social services or appropriate police
authorities to take custody of any child such physician is treating,
without an order under section one thousand twenty-two of this article
and without the consent of the parent or other person legally
responsible for the child's care, regardless of whether the parent or
other person legally responsible for the child's care is absent, if (i)
such person has reasonable cause to believe that the child is in such
circumstance or condition that his or her continuing in said place of
residence or in the care and custody of the parent or person legally
responsible for the child's care presents an imminent danger to the
child's life or health; and
(ii) there is not time enough to apply for an order under section one
thousand twenty-two of this article.
(b) If a person authorized by this section removes or keeps custody of
a child, he shall (i) bring the child immediately to a place approved
for such purpose by the local social services department, unless the
person is a physician treating the child and the child is or will be
presently admitted to a hospital, and
(ii) make every reasonable effort to inform the parent or other person
legally responsible for the child's care of the facility to which he has
brought the child, and
(iii) give, coincident with removal, written notice to the parent or
other person legally responsible for the child's care of the right to
apply to the family court for the return of the child pursuant to
section one thousand twenty-eight of this act, and of the right to be
represented by counsel in proceedings brought pursuant to this article
and procedures for obtaining counsel, if indigent. Such notice shall
also include the name, title, organization, address and telephone number
of the person removing the child, the name, address, and telephone
number of the authorized agency to which the child will be taken, if
available, the telephone number of the person to be contacted for visits
with the child, and the information required by section one thousand
twenty-three of this act. Such notice shall be personally served upon
the parent or other person at the residence of the child provided, that
if such person is not present at the child's residence at the time of
removal, a copy of the notice shall be affixed to the door of such
residence and a copy shall be mailed to such person at his or her last
known place of residence within twenty-four hours after the removal of
the child. If the place of removal is not the child's residence, a copy
of the notice shall be personally served upon the parent or person
legally responsible for the child's care forthwith, or affixed to the
door of the child's residence and mailed to the parent or other person
legally responsible for the child's care at his or her last known place
of residence within twenty-four hours after the removal. An affidavit of
such service shall be filed with the clerk of the court within
twenty-four hours of serving such notice exclusive of weekends and
holidays pursuant to the provisions of this section. The form of the
notice shall be prescribed by the chief administrator of the courts.
Failure to file an affidavit of service as required by this subdivision
shall not constitute grounds for return of the child.
(iv) inform the court and make a report pursuant to title six of the
social services law, as soon as possible.
(c) Any person or institution acting in good faith in the removal or
keeping of a child pursuant to this section shall have immunity from any
liability, civil or criminal, that might otherwise be incurred or
imposed as a result of such removal or keeping.
(d) Where the physician keeping a child in his custody pending action
by the local department of social services or appropriate police
authorities does so in his capacity as a member of the staff of a
hospital or similar institution, he shall notify the person in charge of
the institution, or his designated agent, who shall then become
responsible for the further care of such child.
(e) Any physician keeping a child in his custody pursuant to this
section shall have the right to keep such child in his custody until
such time as the custody of the child has been transferred to the
appropriate police authorities or the social services official of the
city or county in which the physician maintains his place of business.
If the social services official receives custody of a child pursuant to
the provisions of this section, he shall promptly inform the parent or
other person responsible for such child's care and the family court of
his action.
S 1026.Action by the appropriate person designated by the court and
child protective agency upon emergency removal. (a) The appropriate
person designated by the court or a child protective agency when
informed that there has been an emergency removal of a child from his or
her home without court order shall (i) make every reasonable effort to
communicate immediately with the child's parent or other person legally
responsible for his or her care, and
(ii) except in cases involving abuse, cause a child thus removed to be
returned, if it concludes there is not an imminent risk to the child's
health in so doing. In cases involving abuse, the child protective
agency may recommend to the court that the child be returned or that no
petition be filed.
(b) The child protective agency may, but need not, condition the
return of a child under this section upon the giving of a written
promise, without security, of the parent or other person legally
responsible for the child's care that he or she will appear at the
family court at a time and place specified in the recognizance and may
also require him or her to bring the child with him or her.
(c) If the child protective agency for any reason does not return the
child under this section after an emergency removal pursuant to section
one thousand twenty-four of this part on the same day that the child is
removed, or if the child protective agency concludes it appropriate
after an emergency removal pursuant to section one thousand twenty-four
of this part, it shall cause a petition to be filed under this part no
later than the next court day after the child was removed. The court may
order an extension, only upon good cause shown, of up to three court
days from the date of such child's removal. A hearing shall be held no
later than the next court day after the petition is filed and findings
shall be made as required pursuant to section one thousand twenty-seven
of this part.
S 1027.Hearing and preliminary orders after filing of petition. (a)
(i) In any case where the child has been removed without court order or
where there has been a hearing pursuant to section one thousand
twenty-two of this part at which the respondent was not present, or was
not represented by counsel and did not waive his or her right to
counsel, the family court shall hold a hearing. Such hearing shall be
held no later than the next court day after the filing of a petition to
determine whether the child's interests require protection, including
whether the child should be returned to the parent or other person
legally responsible, pending a final order of disposition and shall
continue on successive court days, if necessary, until a decision is
made by the court.
(ii) In any such case where the child has been removed, any person
originating a proceeding under this article shall, or the attorney for
the child may apply for, or the court on its own motion may order, a
hearing at any time after the petition is filed to determine whether the
child's interests require protection pending a final order of
disposition. Such hearing must be scheduled for no later than the next
court day after the application for such hearing has been made.
(iii) In any case under this article in which a child has not been
removed from his or her parent or other person legally responsible for
his or her care, any person originating a proceeding under this article
or the attorney for the child may apply for, or the court on its own
motion may order, a hearing at any time after the petition is filed to
determine whether the child's interests require protection, including
whether the child should be removed from his or her parent or other
person legally responsible, pending a final order of disposition. Such
hearing must be scheduled for no later than the next court day after the
application for such hearing has been made.
(iv) Notice of a hearing shall be provided pursuant to section one
thousand twenty-three of this part.
(b) (i) Upon such hearing, if the court finds that removal is
necessary to avoid imminent risk to the child's life or health, it shall
remove or continue the removal of the child. If the court makes such a
determination that removal is necessary, the court shall immediately
inquire as to the status of any efforts made by the local social
services district to locate relatives of the child, including any
non-respondent parent and all of the child's grandparents, as required
pursuant to section one thousand seventeen of this article. The court
shall also inquire as to whether the child, if over the age of five, has
identified any relatives who play or have played a significant positive
role in his or her life and whether any respondent parent or any
non-respondent parent has identified any suitable relatives. Such
inquiry shall include whether any relative who has been located has
expressed an interest in becoming a foster parent for the child or in
seeking custody or care of the child. Upon completion of such inquiry,
the court shall remand or place the child:
(A) with the local commissioner of social services and the court may
direct such commissioner to have the child reside with a relative or
other suitable person who has indicated a desire to become a foster
parent for the child and further direct such commissioner, pursuant to
regulations of the office of children and family services, to commence
an investigation of the home of such relative or other suitable person
within twenty-four hours and thereafter expedite approval or
certification of such relative or other suitable person, if qualified,
as a foster parent. If such home is found to be unqualified for approval
or certification, the local commissioner shall report such fact to the
court forthwith so that the court may make a placement determination
that is in the best interests of the child;
(B) to a place approved for such purpose by the social services
district; or
(C) in the custody of a relative or suitable person other than the
respondent.
(ii) Such order shall state the court's findings which support the
necessity of such removal, whether the respondent was present at the
hearing and, if not, what notice the respondent was given of the
hearing, and, where a pre-petition removal has occurred, whether such
removal took place pursuant to section one thousand twenty-one, one
thousand twenty-two or one thousand twenty-four of this part. If the
parent or other person legally responsible for the child's care is
physically present at the time the child is removed, and has not
previously been served with the summons and petition, the summons and
petition shall be served upon such parent or person coincident with such
removal. If such parent or person is not physically present at the time
the child is removed, service of the summons and petition shall be
governed by section one thousand thirty-six of this article. In
determining whether removal or continuing the removal of a child is
necessary to avoid imminent risk to the child's life or health, the
court shall consider and determine in its order whether continuation in
the child's home would be contrary to the best interests of the child
and where appropriate, whether reasonable efforts were made prior to the
date of the hearing held under subdivision (a) of this section to
prevent or eliminate the need for removal of the child from the home
and, if the child was removed from his or her home prior to the date of
the hearing held under subdivision (a) of this section, where
appropriate, that reasonable efforts were made to make it possible for
the child to safely return home.
(iii) If the court determines that reasonable efforts to prevent or
eliminate the need for removal of the child from the home were not made
but that the lack of such efforts was appropriate under the
circumstances, the court order shall include such a finding.
(iv) If the court determines that reasonable efforts to prevent or
eliminate the need for removal of the child from the home were not made
but that such efforts were appropriate under the circumstances, the
court shall order the child protective agency to provide or arrange for
the provision of appropriate services or assistance to the child and the
child's family pursuant to section one thousand fifteen-a or as
enumerated in subdivision (c) of section one thousand twenty-two of this
article, notwithstanding the fact that a petition has been filed.
(v) The court shall also consider and determine whether imminent risk
to the child would be eliminated by the issuance of a temporary order of
protection, pursuant to section one thousand twenty-nine of this part,
directing the removal of a person or persons from the child's residence.
(c) Upon such hearing, the court may, for good cause shown, issue a
preliminary order of protection which may contain any of the provisions
authorized on the making of an order of protection under section one
thousand fifty-six of this act.
(d) Upon such hearing, the court may, for good cause shown, release
the child to the custody of his parent or other person legally
responsible for his care, pending a final order of disposition, in
accord with section one thousand fifty-four.
(e) Upon such hearing, the court may authorize a physician or hospital
to provide medical or surgical procedures if such procedures are
necessary to safeguard the child's life or health.
(f) If the court grants or denies a preliminary order requested
pursuant to this section, it shall state the grounds for such decision.
(g) In all cases involving abuse the court shall order, and in all
cases involving neglect the court may order, an examination of the child
pursuant to section two hundred fifty-one of this act or by a physician
appointed or designated for the purpose by the court. As part of such
examination, the physician shall arrange to have colored photographs
taken as soon as practical of the areas of trauma visible on such child
and may, if indicated, arrange to have a radiological examination
performed on the child. The physician, on the completion of such
examination, shall forward the results thereof together with the color
photographs to the court ordering such examination. The court may
dispense with such examination in those cases which were commenced on
the basis of a physical examination by a physician. Unless colored
photographs have already been taken or unless there are no areas of
visible trauma, the court shall arrange to have colored photographs
taken even if the examination is dispensed with.
(h) At the conclusion of a hearing where it has been determined that a
child should be removed from his or her parent or other person legally
responsible, the court shall set a date certain for an initial
permanency hearing pursuant to paragraph two of subdivision (a) of
section one thousand eighty-nine of this act. The date certain shall be
included in the written order issued pursuant to subdivision (b) of this
section and shall set forth the date certain scheduled for the
permanency hearing. A copy of such order shall be provided to the parent
or other person legally responsible for the child's care.
S 1027-a.Placement of siblings. When a social services official
removes a child pursuant to this part, such official shall place such
child with his or her minor siblings or half-siblings who have been or
are being remanded to or placed in the care and custody of such official
unless, in the judgment of such official, such placement is contrary to
the best interests of the children. Placement with siblings or
half-siblings shall be presumptively in the child's best interests
unless such placement would be contrary to the child's health, safety,
or welfare. If such placement is not immediately available at the time
of the removal of the child, such official shall provide or arrange for
the provision of such placement within thirty days.
S 1028.Application to return child temporarily removed. (a) Upon the
application of the parent or other person legally responsible for the
care of a child temporarily removed under this part or upon the
application of the child's attorney for an order returning the child,
the court shall hold a hearing to determine whether the child should be
returned (i) unless there has been a hearing pursuant to section one
thousand twenty-seven of this article on the removal of the child at
which the parent or other person legally responsible for the child's
care was present and had the opportunity to be represented by counsel,
or (ii) upon good cause shown. Except for good cause shown, such hearing
shall be held within three court days of the application and shall not
be adjourned. Upon such hearing, the court shall grant the application,
unless it finds that the return presents an imminent risk to the child's
life or health. If a parent or other person legally responsible for the
care of a child waives his or her right to a hearing under this section,
the court shall advise such person at that time that, notwithstanding
such waiver, an application under this section may be made at any time
during the pendency of the proceedings.
(b) In determining whether temporary removal of the child is necessary
to avoid imminent risk to the child's life or health, the court shall
consider and determine in its order whether continuation in the child's
home would be contrary to the best interests of the child and where
appropriate, whether reasonable efforts were made prior to the date of
the hearing to prevent or eliminate the need for removal of the child
from the home and where appropriate, whether reasonable efforts were
made after removal of the child to make it possible for the child to
safely return home.
(c) If the court determines that reasonable efforts to prevent or
eliminate the need for removal of the child from the home were not made
but that the lack of such efforts was appropriate under the
circumstances, the court order shall include such a finding.
(d) If the court determines that reasonable efforts to prevent or
eliminate the need for removal of the child from the home were not made
but that such efforts were appropriate under the circumstances, the
court shall order the child protective agency to provide or arrange for
the provision of appropriate services or assistance to the child and the
child's family pursuant to section one thousand fifteen-a or as
enumerated in subdivision (c) of section one thousand twenty-two of this
article, notwithstanding the fact that a petition has been filed.
(e) The court may issue a temporary order of protection pursuant to
section ten hundred twenty-nine of this article as an alternative to or
in conjunction with any other order or disposition authorized under this
section.
(f) The court shall also consider and determine whether imminent risk
to the child would be eliminated by the issuance of a temporary order of
protection, pursuant to section ten hundred twenty-nine of this article,
directing the removal of a person or persons from the child's residence.
S 1028-a.Application of a relative to become a foster parent. (a)
Upon the application of a relative to become a foster parent of a child
in foster care, the court shall, subject to the provisions of this
subdivision, hold a hearing to determine whether the child should be
placed with a relative in foster care. Such hearing shall only be held
if:
(i) the relative is related within the third degree of consanguinity
to either parent;
(ii) the child has been temporarily removed under this part, or placed
pursuant to section one thousand fifty-five of this article, and placed
in non-relative foster care;
(iii) the relative indicates a willingness to become the foster parent
for such child and has not refused previously to be considered as a
foster parent or custodian of the child, provided, however, that an
inability to provide immediate care for the child due to a lack of
resources or inadequate housing, educational or other arrangements
necessary to care appropriately for the child shall not constitute a
previous refusal;
(iv) the local social services district has refused to place the child
with the relative for reasons other than the relative's failure to
qualify as a foster parent pursuant to the regulations of the office of
children and family services; and
(v) the application is brought within six months from the date the
relative received notice that the child was being removed or had been
removed from his or her home and no later than twelve months from the
date that the child was removed.
(b) The court shall give due consideration to such application and
shall make the determination as to whether the child should be placed in
foster care with the relative based on the best interests of the child.
(c) After such hearing, if the court determines that placement in
foster care with the relative is in the best interests of the child, the
court shall direct the local commissioner of social services, pursuant
to regulations of the office of children and family services, to
commence an investigation of the home of the relative within twenty-four
hours and thereafter expedite approval or certification of such
relative, if qualified, as a foster parent. No child, however, shall be
placed with a relative prior to final approval or certification of such
relative as a foster parent.
S 1029.Temporary order of protection. (a) The family court, upon the
application of any person who may originate a proceeding under this
article, for good cause shown, may issue a temporary order of
protection, before or after the filing of such petition, which may
contain any of the provisions authorized on the making of an order of
protection under section one thousand fifty-six. If such order is
granted before the filing of a petition and a petition is not filed
under this article within ten days from the granting of such order, the
order shall be vacated. In any case where a petition has been filed and
an attorney for the child has been appointed, such attorney may make
application for a temporary order of protection pursuant to the
provisions of this section.
(b) A temporary order of protection is not a finding of wrongdoing.
(c) The court may issue or extend a temporary order of protection ex
parte or on notice simultaneously with the issuance of a warrant
directing that the respondent be arrested and brought before the court
pursuant to section ten hundred thirty-seven of this article.
(d) Nothing in this section shall: (i) limit the power of the court to
order removal of a child pursuant to this article where the court finds
that there is imminent danger to a child's life or health; or (ii) limit
the authority of authorized persons to remove a child without a court
order pursuant to section one thousand twenty-four of this article; or
(iii) be construed to authorize the court to award permanent custody of
a child to a parent or relative pursuant to a temporary order of
protection.
S 1030.Order of visitation by a respondent. (a) A respondent shall
have the right to reasonable and regularly scheduled visitation with a
child in the temporary custody of a social services official pursuant to
this part or pursuant to subdivision (d) of section one thousand
fifty-one of this article, unless limited by an order of the family
court.
(b) A respondent who has not been afforded such visitation may apply
to the court for an order requiring the local social services official
having temporary custody of the child pursuant to this part or pursuant
to subdivision (d) of section one thousand fifty-one of this article, to
permit the respondent to visit the child at stated periods. Such
application shall be made upon notice to the local social services
official and to any attorney appointed to represent the child, who shall
be afforded an opportunity to be heard thereon.
(c) A respondent shall be granted reasonable and regularly scheduled
visitation unless the court finds that the child's life or health would
be endangered thereby, but the court may order visitation under the
supervision of an employee of a local social services department upon a
finding that such supervised visitation is in the best interest of the
child.
(d) An order made under this section may be modified by the court for
good cause shown, upon application by any party or the child's attorney,
and upon notice of such application to all other parties and the child's
attorney, who shall be afforded an opportunity to be heard thereon.
(e) An order made under this section shall terminate upon the entry of
an order of disposition pursuant to part five of this article.
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